CEAC Rules offer a state-of-the-art and modern mechanism to settle China related disputes.
They have an international spirit and ensure an institutional arbitration according to the requirements of the Chinese law.
The basis of the CEAC Rules
The first version of the CEAC Rules 2008 was based on the 1976 UNCITRAL Arbitration Rules and decided upon by the General Assembly of CEAC at its founding meeting in September 2008. They contain a limited amount of tailor-made adjustments and amendments which are the result of an international discussion with numerous supporters between October 2007 and August 2008.
The CEAC Rules, being the arbitration rules, shall be usually applied on the basis of the German Provisions on Arbitration in the German Code of Civil Procedure (ZPO §§ 1025 - 1066) as Hamburg is the seat of arbitration - if the parties do not agree otherwise explicitly. Nevertheless, parties are free to agree on another place as their additional or sole venue of physical meetings.
The German provisions have been revised in 1998 and are based on the UNCITRAL Model Law on Arbitration. Thus, they reflect the common international standard of arbitration law as known in many countries around the globe including China and most European countries.
As the UNCITRAL arbitration rules were revised in 2010, the competent Advisory Board of CEAC also reviewed the CEAC Rules in order to reflect the international consensus reached on a modern frame for international arbitration.
The CEAC Rules 2010 cover modern provisions of international commercial arbitration such as multi-party proceedings or decisions solely based on documents in the same way as in the UNCITRAL Arbitration Rules 2010. Besides that, the CEAC Rules 2010 have special provisions on institutional arbitration including provisions regarding the appointment and challenge of arbitrators by making use of the neutral CEAC Appointing Authority. Nevertheless, the CEAC Rules 2010 still offer a unique model arbitration clause with options from which the parties can choose, e.g. detailing issues of confidentiality. The new version of the CEAC Rules also comprises the unique CEAC choice of law clause proposed by CEAC.
Minor deviations from the UNCITRAL Arbitration Rules 2010 include the time limit for an arbitral award being rendered as well as the provisions regarding costs of arbitral proceedings.
The revised CEAC Rules are in force since 21st September 2010 and integrate the new version of the UNCITRAL Arbitration Rules as in force since 15th August 2010.